SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (Maximum Indebtedness Not to Exceed $850,000,000.00)Second Lien Mortgage • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Mortgage”) is made as of April 5, 2018 by Green Plains Holdings II LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Mortgagor”), having an address at 1811 Aksarben Drive, Omaha, NE 68106, to BNP PARIBAS (“BNPP”), as Pari Passu Agent (as hereinafter defined), having an address at 787 Seventh Avenue, New York, New York 10019 (BNPP, in such capacity, together with its successors and assigns, “Mortgagee”).
SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Deed of Trust”) is made as of April 5, 2018 by and among Green Plains Ord LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Grantor”), having an address at 1811 Aksarben Drive, Omaha, NE 68106, to Fidelity National Title Insurance Company (“Trustee”), having an address at 11600 College Boulevard, Suite 205, Overland Park, Kansas 66210, for the benefit of BNP PARIBAS (“BNPP”), as Pari Passu Agent (as hereinafter defined), having an address at 787 Seventh Avenue, New York, New York 10019 (BNPP, in such capacity, together with its successors and assigns, “Beneficiary”).
FIRST LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Mortgage • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Alabama Uniform Commercial Code.
FIRST LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS FIRST LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Deed of Trust”) is made as of April 5, 2018 by and among Green Plains Atkinson LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Grantor”), having an address at 1811 Aksarben Drive, Omaha, NE 68106, to Fidelity National Title Insurance Company (“Trustee”), having an address at 11600 College Boulevard, Suite 205, Overland Park, KS 66210, for the benefit of BNP PARIBAS (“BNPP”), as Agent (as hereinafter defined), having an address at 787 Seventh Avenue, New York, New York 10019 (BNPP, in such capacity, together with its successors and assigns, “Beneficiary”).
SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Minnesota Uniform Commercial Code.
FIRST LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Minnesota Uniform Commercial Code.
FIRST LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS MORTGAGE CONTAINS AFTER-ACQUIRED PROPERTY AND CONSTITUTES A SECURITY INSTRUMENT AND IS A CONTINUOUSLY PERFECTED FIXTURE FILING WHEN FILED OF RECORD IN THE OFFICE OF THE RECORDER OF POSEY COUNTY, INDIANA, PURSUANT TO IND. CODE 26-1-9.1-502 AND 26-1-9.1-515, AND THE TERMS AND PROVISIONS HEREOF.
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This Second Amendment to Second Amended and Restated Security Agreement (the “Amendment”) is made this 13th day of April, 2018 by and among Green Plains Commodity Management LLC, a limited liability company formed under the laws of the State of Delaware (“GPCM”), and each Person joined as a Debtor thereto from time to time (each a “Debtor”, and collectively “Debtors”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
SECOND LIEN LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Illinois Uniform Commercial Code.
SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS MORTGAGE CONTAINS AFTER-ACQUIRED PROPERTY AND CONSTITUTES A SECURITY INSTRUMENT AND IS A CONTINUOUSLY PERFECTED FIXTURE FILING WHEN FILED OF RECORD IN THE OFFICE OF THE RECORDER OF WELLS COUNTY, INDIANA, PURSUANT TO IND. CODE 26-1-9.1-502 AND 26-1-9.1-515, AND THE TERMS AND PROVISIONS HEREOF.
Space above for recorder’s use)First Lien Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • Missouri
SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Illinois Uniform Commercial Code.
FIRST LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTMortgage Agreement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS FIRST LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Mortgage”) is made as of April 5, 2018 by Fleischmann’s Vinegar Company, Inc., a Delaware corporation (together with its successors and permitted assigns, “Mortgagor”), having an address at 12604 Hiddencreek Way, Suite A, Cerritos, California 90703, to BNP PARIBAS (“BNPP”), as Agent (as hereinafter defined), having an address at 787 Seventh Avenue, New York, New York 10019 (BNPP, in such capacity, together with its successors and assigns, “Mortgagee”).
FIRST LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Illinois Uniform Commercial Code.
SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
Location:2098 McDonald Road Municipality:Rives County:Obion State:Tennessee Parcel ID No.:113-018.01 Legal Description:See Exhibit A attached.
MORTGAGEMortgage • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Michigan Uniform Commercial Code.
FIRST LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This deed of trust contains after-acquired property provisions and constitutes a fixture financing statement under the Virginia Uniform Commercial Code.
MORTGAGEMortgage • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Michigan Uniform Commercial Code.
SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTDeed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT (this “Deed of Trust”) is made as of April 5, 2018 by and among Green Plains York LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Grantor”), having an address at 1811 Aksarben Drive, Omaha, NE 68106, to Fidelity National Title Insurance Company (“Trustee”), having an address at 11600 College Boulevard, Suite 205, Overland Park, Kansas 66210, for the benefit of BNP PARIBAS (“BNPP”), as Pari Passu Agent (as hereinafter defined), having an address at 787 Seventh Avenue, New York, New York 10019 (BNPP, in such capacity, together with its successors and assigns, “Beneficiary”).
FIRST LIEN INDEMNITY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Indemnity Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This deed of trust contains after-acquired property provisions and constitutes a fixture financing statement under the Maryland Uniform Commercial Code.
FIRST LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS MORTGAGE CONTAINS AFTER-ACQUIRED PROPERTY AND CONSTITUTES A SECURITY INSTRUMENT AND IS A CONTINUOUSLY PERFECTED FIXTURE FILING WHEN FILED OF RECORD IN THE OFFICE OF THE RECORDER OF WELLS COUNTY, INDIANA, PURSUANT TO IND. CODE 26-1-9.1-502 AND 26-1-9.1-515, AND THE TERMS AND PROVISIONS HEREOF.
PERFORMANCE SHARE UNIT AGREEMENTPerformance Share Unit Agreement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • Iowa
This Performance Share Unit Agreement (the “Agreement”) is made this ___ day of ____, 20__ to _______________ (the “Grantee”) and evidences the grant by Green Plains Inc. (the “Company”) of a Performance Share Unit Award (the “Award”) to the Grantee on the date hereof (the “Date of Grant”) pursuant to the Company’s 2009 Equity Incentive Plan (the “Plan”). By accepting the Award, the Grantee agrees to be bound in accordance with the provisions of this Agreement and the Plan. Capitalized terms used but not defined herein shall have the same meaning as in the Plan.
FIRST LIEN DEED OF TRUST ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Deed of Trust Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • California
This deed of trust contains after-acquired property provisions and constitutes a fixture filing under the California Uniform Commercial Code (“UCC”).
SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This deed of trust contains after-acquired property provisions and constitutes a fixture financing statement under the Virginia Uniform Commercial Code.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • Nebraska
This Amendment to Employment Agreement (this “Agreement”) is effective as of the March 27, 2018, by and between GREEN PLAINS INC., an Iowa corporation (the “Company”), and TODD BECKER, an individual (“Executive).
SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • California
This deed of trust contains after-acquired property provisions and constitutes a fixture financing statement under the California Uniform Commercial Code.
SECOND LIEN MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Alabama Uniform Commercial Code.
Space above for recorder’s use)Second Lien Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • Missouri
THIS SECOND LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENT SECURES FUTURE ADVANCES AND FUTURE OBLIGATIONS AND IS TO BE GOVERNED BY SECTION 443.055, REVISED STATUTES OF MISSOURI. $1,700,000,000.00 IS THE TOTAL PRINCIPAL AMOUNT OF ALL OBLIGATIONS WHICH ARE SECURED HEREBY.
EMPLOYMENT AGREEMENTEmployment Agreement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • Nebraska
This Employment Agreement (this “Agreement ”) is effective as of the Effective Date (as defined herein) and is entered into by and among Green Plains, Inc., an Iowa corporation (“GPRE”), its wholly owned subsidiaries SCI Ingredients Holdings, Inc., and its operating subsidiary Fleischmann’s Vinegar Company, Inc., each a Delaware corporation (such subsidiaries collectively, the “Company”), and Kenneth M. Simril, an individual (“Executive”) this 27th day of September, 2016.
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This Second Amendment to Fourth Amended and Restated Revolving Credit and Security Agreement (the “Amendment”) is made this 15th day of March, 2018 by and among Green Plains Trade Group LLC, a limited liability company formed under the laws of the State of Delaware (“GTRADE”), and each other Person joined as a Borrower from time to time (each a “Borrower”, and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
SECOND LIEN INDEMNITY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTSecond Lien Indemnity Deed of Trust • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This deed of trust contains after-acquired property provisions and constitutes a fixture financing statement under the Maryland Uniform Commercial Code.
FIRST LIEN LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
This mortgage contains after-acquired property provisions and constitutes a fixture financing statement under the Illinois Uniform Commercial Code.
PARTIAL RELEASE OF SECURITY INTERESTPartial Release of Security Interest • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
THIS PARTIAL RELEASE OF SECURITY INTEREST is made as of April 30, 2018 (the “Release”), by BNP PARIBAS, as collateral agent (in such capacity, the “Collateral Agent”).
FIRST LIEN DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING STATEMENTFirst Lien Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals
Location:2098 McDonald Road Municipality:Rives County:Obion State:Tennessee Parcel ID No.:113-018.01 Legal Description:See Exhibit A attached.
RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • May 7th, 2018 • Green Plains Inc. • Industrial organic chemicals • Iowa
This Restricted Stock Agreement (the “Agreement”) is made this __ day of ______, 20__ to (the “Grantee”) and evidences the grant by Green Plains Inc., an Iowa corporation (the “Company”) of a Restricted Stock Award (the “Award”) to the Grantee on the date hereof (the “Date of Grant”) pursuant to the Company’s 2009 Equity Incentive Plan, as amended (the “Plan”). By accepting the Award, the Grantee agrees to be bound in accordance with the provisions of this Agreement and the Plan. Capitalized terms used but not defined herein shall have the same meaning as in the Plan.
